Texas 2025 - 89th Regular

Texas Senate Bill SB1659

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requiring a warrant to search certain location information purchased by a governmental entity from a data broker or electronic personal data tracker.

Impact

The significance of SB1659 lies in its impact on privacy and surveillance laws in Texas. By requiring a warrant for the search of location information, it strengthens personal privacy protections against potential governmental overreach. It aims to ensure that the state cannot unilaterally access personal tracking information without sufficient cause, thereby curtailing the potential for unauthorized surveillance of citizens.

Summary

Senate Bill 1659 mandates that any governmental entity wishing to search location information purchased from data brokers or electronic personal data trackers must first obtain a warrant. This bill is an amendment to the Code of Criminal Procedure, specifically addressing the conditions under which law enforcement can access such sensitive information. It introduces clear definitions regarding data brokers and electronic personal data trackers, categorizing them based on the nature of their data collection processes and the consent of users.

Contention

The bill has stirred discussions around privacy rights versus law enforcement needs. Proponents argue that safeguarding individual privacy is paramount, especially in an era where data is traded extensively. Conversely, some law enforcement officials express concerns that the warrant requirement could hinder their ability to effectively gather evidence in urgent situations. The deliberation over this balance underscores ongoing tensions in legislative arenas regarding privacy rights and public safety.

Implementation

If enacted, SB1659 will only apply to searches conducted on or after the effective date, which is set for September 1, 2025. It includes provisions on the duration and sealing of warrants related to prospective location information, establishing a framework for police protocols when dealing with such sensitive data. This aspect of the bill is particularly crucial for ensuring that law enforcement agencies remain accountable when handling civilian data.

Companion Bills

No companion bills found.

Previously Filed As

TX H3519

Search warrants, electronic data

TX S0061

Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.

TX S2154

Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.

TX H7208

Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.

TX H5361

Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.

TX HF2369

A bill for an act establishing procedures and requirements for reverse-location information searches by law enforcement or any governmental entity.

TX HF2677

A bill for an act establishing procedures and requirements for reverse-location information searches by law enforcement or any governmental entity.(Formerly HSB 743.)

TX HSB743

A bill for an act establishing procedures and requirements for reverse-location information searches by law enforcement or any governmental entity.(See HF 2677.)

TX H0359

Search Warrants

TX HB4357

Relating to requiring a search warrant to obtain or use certain purchase information in a criminal action.

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